CLARK V. STATE – A12A1511: Georgia Court of Appeals Classic Re-Run – Constitutional Restrictions for Roadblocks Massaged (Again)
Clark v. State (2012) – Georgia Court of Appeals On May 30, 2010, Justin Clark was stopped at a roadblock in Polk County. The roadblock had been verbally authorized by a sergeant in the Georgia State Patrol. He testified that he implemented the roadblock to check driver’s licenses, proof of insurance, and motorist sobriety. Two GSP […]
Read MoreSPANN V. STATE – A12A1507: A Win in the Battle to Obtain the Source Code for the Intoxilyzer 5000
Spann v. State (2012) – Georgia Court of Appeals In May 2007 Teresa Jean Spann was arrested for DUI. She was convicted after a bench trial in August of 2010. She appealed her conviction, contending that the trial court erred in allowing the admittance of similar transaction evidence and in denying her the issuance of […]
Read MoreOTUWA V. STATE – A12A1382: The Limits of Charging Lesser Included Offenses For First-Degree Vehicular Homicide
The record shows that Otuwa was in a single-vehicle accident on a residential road on August 3, 2008. He lost control of his car, crashed through a stop sign and street sign, veered off of the road, and flipped multiple times. Otuwa’s sister and another passenger were thrown from the vehicle and died of their […]
Read MoreSTINSON V. STATE – A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal
On May 14, 2011, at around 1:47 a.m. the Jonesboro and Clayton County Police Departments were conducting a roadblock on Lake Jodeco Road in Clayton County. Stinson’s pickup truck crested a hill that obscured the roadblock, and upon noticing the checkpoint he “stopped very suddenly and made a very sharp right turn” onto an adjacent […]
Read MoreMISSOURI V. MCNEELY – 11-1425 – PART I: Supreme Court to Rule on Warrantless Blood Draws in DUI Cases
Soon the United States Supreme Court will rule on Missouri v. McNeely, a case that will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we’ll stick to parsing out the precedent and applying it to the facts of the case. At issue in this appeal is the balance of […]
Read MoreWILLIAMS v. STATE – A12A1116 – Free Roadblocks For Everyone! – Constitutional Constraints on Illegal Sobriety Checkpoints Go Through the Wringer
At around 2:00 a.m. officers of the Bibb County Police “HEAT” unit stopped James Williams at a roadblock. The officers observed that Williams was intoxicated and arrested him for suspicion of DUI. On appeal, Williams does not argue the factual findings of the court but contends that the trial court erred when it denied his […]
Read MoreHARKLEROAD v. STATE – A12A1079 – Improper Motions Let the Prosecution Take a Breather
In the early morning of February 10, 2002, Mary Harkleroad was pulled over for speeding in Savannah, Georgia. The officer approached the driver’s side of the vehicle and noticed a strong odor of alcohol. Harkleroad’s eyes were bloodshot and her face was flushed. The passenger in the car claimed that he had been drinking and […]
Read MoreMILLER V. STATE – A121A000 – Good Cop or Bad Cop, You’re Probably Going to Jail: Keeping Cool in the Hot Seat
At around 3:00 a.m. on May 1, 2010, Scott C. Miller was pulled over for speeding. He was clocked at going 64 m.p.h in a 45 m.p.h zone. When the officer approached the vehicle he noticed a distinct odor of alcohol. The officer asked if Miller had been drinking. Miller responded that he hadn’t had […]
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